Effective as of October 17th, 2022.
The Site and App do not sell alcoholic beverages, and instead act as a facilitator for potential alcoholic beverage sales. We do not sell alcoholic beverages as part of the Service, on the Site, App or elsewhere, nor do we hold any licenses to sell alcoholic beverages. No sales transactions take place on the Site and/or App, and any sales transactions facilitated through the Site and/or App ultimately take place directly between a licensed alcoholic beverage retailer (“Retailer”) with whom we work. A Retailer is the merchant of record for all consumer transactions.
The Service markets alcoholic beverages that may be available for purchase by a consumer from a Retailer. We market beer and related alcoholic beverages (the “Products”). The applicable Retailer maintains sole discretion as to what Products to list on the Site and/or App, including all details regarding such Products, including but not limited to the proposed sale price and quantities available for sale. When you place a request to order Products on the Site or App (an “Order Request”), we send the Order Request to a Retailer.
C. Tavour is Not an Alcoholic Beverage Retailer: The Service enables you to search online for alcoholic beverages and other Products available for sale by a licensed alcohol Retailer, which has agreed to use Tavour’s Service. Tavour is not an alcoholic beverage retailer and does not make any sales of alcoholic Products. Tavour is also not a shipping company, delivery company, or a common carrier. The shipping and delivery of your Order will be facilitated by the Retailer. Tavour does not employ any Retailers, delivery drivers or common carriers. Tavour does not guarantee shipping or delivery times and is not liable for the actions, omissions, Products, or content of any Retailer or any delivery driver or service. A Retailer is responsible for all alcohol sales, shipments and deliveries, including state alcohol regulatory requirements. The laws and regulations governing alcohol sales, shipping and delivery vary by state, and thus the applicable Retailer’s terms of sale, shipment and delivery terms could vary depending on the laws and regulations of your state of residence.
A. Age Restriction: The Service is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. By registering on the Service or downloading the App, you certify that you are at least 21 years of age and legally reside in the United States. Persons under 21 years of age are prohibited from using the Service in any way.
B. ASSUMPTION OF RISK: YOU ASSUME ALL RISK AND LIABILITY FOR THE USE OF ANY PRODUCTS, WHETHER IN TERMS OF HEALTH AND SAFETY OR GENERAL EFFECTIVENESS. You are solely responsible for your interactions with other Users. Tavour reserves the right, but has no obligation, to monitor disputes between you and other Users.
D. Service Rules: You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”; (b) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including User Account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
E. Registration Information: In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Service. You represent and warrant that any registration information you give to us is and will remain accurate, correct, and up to date.
F. Right to Terminate: Tavour or you may terminate your User Account at any time, with or without warning and with or without cause. Even after your User Account is terminated, this agreement will remain in effect. You may terminate your User Account at any time, for any reason, by contacting us by email at email@example.com. Requests for User Account termination may also be made in writing to:
Tavour, Inc - Account Termination
1904 3rd Avenue Suite 725
Seattle, WA 98101
United States of America
B. Authorized User Account: By using the Service, you represent and warrant that you are authorized to use the Service under the User Account registered. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your User Account information. You agree that we are not liable for any damages or losses caused by a third party’s use of your User Account without your permission. However, you agree to be solely responsible and liable for any and all activities that occur under your User Account. If you become aware of any unauthorized use of your User Account information, you agree to notify us immediately at firstname.lastname@example.org. Requests for User Account termination may also be made in writing to:
Tavour, Inc - Account Termination
1904 3rd Avenue Suite 725
Seattle, WA 98101
United States of America
C. Notifications: By providing your contact information, you acknowledge that you may receive push notifications on your mobile device (“Push Notifications”), as well as via email or other types of messages. You acknowledge that, when you use the Service, your wireless service provider may charge you fees for data, text messaging, and/or other wireless or Internet access, including in connection with all notifications and messages. You have control over App Push Notifications settings, and may opt in or out of these on your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages).
D. The parties acknowledge and agree that Tavour shall act as a “Service Provider”, as such term is defined in the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. and implementing regulations (the “CCPA”), and shall collect, access, maintain, use, process and transfer “personal information”, as that term is defined by the CCPA (“CCPA Personal Information”) solely for the purpose of performing Tavour’s obligations under this Agreement for or on behalf of you and for no commercial purpose other than the performance of such obligations. Tavour shall delete and permanently destroy CCPA Personal Information upon written request by you. Notwithstanding the foregoing, nothing in this Agreement shall restrict Tavour’s ability to disclose CCPA Personal Information (a) to a subcontractor for a business purpose pursuant to a written agreement to protect CCPA Personal Information in the same manner as provided herein, (b) to a third party as necessary to comply with applicable laws, or (c) as otherwise permitted by the CCPA.
A. Purchase: You may initiate a product Order to the Retailer by submitting an Order Request via the App or other electronic means designated by us, specifying the following, if applicable:
(a) the types and quantities of products, and (b) the product delivery location (“Delivery Location”). Some state regulations may require a business address for shipment to a Delivery Location, and, if applicable, you represent that the address you have provided is a business address. By submitting an Order Request in accordance with this Section, you make a binding offer to purchase products from the Retailer pursuant to the Agreement and on no other terms, including any purchase order terms.
We also have the right, in our sole discretion, to reject any Order Request. Further, no Retailer is under any obligation to accept any Order Request. We may, in our sole discretion, cancel any Order Requests. If we, or a Retailer, makes a change to, or declines to accept, an Order Request, we may attempt to notify you. We reserve the right to limit or prohibit Order Requests for any reason, including those that, in our sole judgment, appear to be unauthorized.
When a Retailer accepts an Order, we may display an order confirmation on the App or send a confirmation email to the email address you provide. No Order is binding on us, and, regardless of your acceptance of such Order, we may cancel or rescind a previously accepted Order, without liability or penalty, and without constituting a waiver of any of our rights or remedies under this Agreement, by providing written notice to you specifying the applicable date of rejection, cancellation, or rescission, for any or no reason. If we cancel or rescind a previously accepted Order, we will refund any amounts paid by you associated with such Order, if any.
C. Gift Cards: You may purchase Tavour gift cards through the Service (“Tavour Gift Cards”). Tavour Gift Cards may be redeemed solely through our Service for our products or services. You may purchase Tavour Gift Cards for variable amounts made available on the Site or App. You may not purchase Tavour Gift Cards in amounts exceeding $5,000.00 in any single day. The amount of the Tavour Gift Card you purchase will be charged to you according to your selected Payment Method. Tavour Gift Cards may only be purchased and redeemed by persons residing in the United States, its territories, or military posts where Tavour is available. You do not need a User Account to purchase Tavour Gift Cards, but use of a Tavour Gift Card balance requires a User Account. The method of redemption of Tavour Gift Cards is subject to change in our sole discretion. If an Order exceeds the amount of the Tavour Gift Card, the balance must be paid with a Payment Method. Tavour Gift Cards cannot be redeemed for other gift cards or cash except where required by law. Tavour Gift Cards cannot be transferred once redeemed. For balance information, or to replace the remaining value on a damaged card, contact email@example.com or 1-800-217-5971. The Tavour Gift Card balance relayed to you is an estimate only. Tavour Gift Cards require no maintenance, activation, or other fees, and underlying funds do not expire. Risk of loss and title for Tavour Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Tavour is not responsible for lost or stolen Tavour Gift Cards, or for use without your or the recipient’s permission. Tavour reserves the right to close accounts or request alternative forms of payment if a Tavour Gift Card is fraudulently obtained or used.
D. Promotions and Advertisements: The Service contains data, information, and other content not owned by you, such as promotional offers or credits to purchase products and services from us (“Tavour Property”). You understand and agree that regardless of terminology used, Tavour Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion. Tavour Property is not redeemable for any sum of money or monetary value from Tavour at any time, are non-transferrable, may only be used in connection with the Service. You acknowledge that you do not own the User Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Tavour on Tavour’s servers, including without limitation any data representing or embodying any or all of your Tavour Property. You agree that Tavour has the absolute right to manage, regulate, control, modify and/or eliminate Tavour Property as it sees fit in its sole discretion, in any general or specific case, and that Tavour will have no liability to you based on its exercise of such right. All data on Tavour’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON TAVOUR’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN TAVOUR’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. TAVOUR DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON TAVOUR’S SERVERS.
E. Shipping and Delivery Charges, Insurance, and Taxes: All product prices are exclusive of, and you are solely responsible for and shall pay, all shipping fees and taxes, with respect to or measured by the manufacture, sale, shipment, or price of the applicable products (including interest and penalties thereon); provided, however, that you shall not be responsible for any taxes imposed on, or with respect to, our income. Any shipments or deliveries of product that are refused or undeliverable by our third-party carriers will be returned to us at your expense.
F. Packaging, Labeling, and Shipment: We, or our designated agents, will use commercially reasonable efforts to properly pack, mark, and ship or personally deliver products and, to the extent applicable, provide you with shipment documentation showing our name, our identification number for the subject products, and the quantity of pieces in shipment. We will select the method of shipment of and the carrier for products. We may, in our sole discretion, without liability or penalty, make partial shipments or deliveries of products to you. You represent and warrant that you are 21 years of age or older and agree to furnish a government-issued identification document to verify your age at the time you accept any products.
G. Late Delivery: Any time quoted for delivery, including any estimated delivery date, is an estimate only; provided, however, that we will use commercially reasonable efforts to deliver all products on or before such quoted time, including any such estimated delivery date. No delay in the shipment or delivery of any product relieves you of your obligations under this Agreement, including accepting delivery of any remaining installment or other Orders of products.
H. Transfer of Title and Risk of Loss: Unless otherwise expressly agreed by the parties in writing, all products are shipped, transported, and delivered to you by an independent carrier not affiliated with or controlled by us. Title to products and risk of loss passes to you upon our tender of such products to you at a Delivery Location set forth in an Order.
I. Acceptance of Product: All Orders are final and non-refundable after seven (7) days from the date of our confirmation email. Except as provided under this Agreement, you have no right to return products purchased under this Agreement to us. You will be deemed to have accepted products unless you provide us with written notice of any nonconforming products.(i.e., products that do not materially conform to the products described in the applicable Order). Such written notice will state with specificity all defects and nonconformities and furnish such other written evidence or other documentation as may be reasonably required by us. All defects and nonconformities that are not so specified will be deemed waived by you, such products will be deemed to have been accepted by you, and no attempted revocation of acceptance will be effective. Upon receipt of such written notice, we will determine, in our reasonable discretion, whether the products are nonconforming products. If you provide us with written notice of nonconforming products within three (3) days following the date of delivery of the products to the Delivery Location, and we determine that such products are nonconforming products, we will refund to you such amount paid by you to us for such nonconforming products. If you provide us with written notice of nonconforming products after three (3) days following the date of delivery of the products to the Delivery Location, and we determine that such products are nonconforming products, we will refund to you fifty percent (50%) of such amount paid by you to us for such nonconforming products. THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR THE DELIVERY OF NONCONFORMING PRODUCTS.
J. Regulation: Tavour makes no representation as to the right of any person to import any product in to any state. For each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. In all instances, any solicitation, invitation, offer, advertisement, or communication to purchase from Tavour is void where prohibited by law. You may be required to submit detailed reports of the products in your cellar to your residing state’s legal authorities using the forms they supply. You agree to be responsible to meet all such reporting requirements imposed by the alcoholic beverage control authorities in the jurisdiction you reside.
K. Legal Compliance: The Service may not be available in some locations due to local laws, regulations, or other restrictions.
L. Refunds and Returns: Tavour makes no representations concerning your ability to return a Product. The Retailer and the applicable laws determine whether a return, refund or exchange is available to you. We cannot guarantee that your changes will be accepted by the Retailer. If you wish to change your Order for any reason after it has been placed, we cannot guarantee that your changes will be accepted by the Retailer. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).
M. The Retailer and any fulfilment provider are responsible for verifying identification and age and determining whether it is otherwise safe and appropriate to furnish you with alcohol. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of receipt. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate, they will refuse to furnish you with alcohol. Note that alcohol cannot be left unattended. A recipient 21 or older must be present to accept and sign for it. If the Retailer is unable to deliver your Product for this or a similar reason, the Retailer may charge a restocking fee.
N. California Residents: If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA, 95834, or by telephone at.(800) 952-5210 or (916) 445-1254.
O. Referrals: Tavour members cannot refer themselves to the Tavour app. If it is detected that a Tavour member is trying to refer him/herself, Tavour will not award the referral to the referrer or referee and the referring account may be suspended at Tavour's discretion. This is determined based on information obtained from the referred users account (such as first name, last name, email address, shipping address and payment method).
A. Subscription Service: The Service may include automatic recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you will provide us your Payment Method and authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account (“Subscription Fee”), all accrued sums on or before the payment due date (“Subscription Billing Date”) for your next product shipment (“Subscription Shipment”). The Subscription Fee and any other charges you may incur in connection with your use of the Subscription Service, such as taxes, will be charged to your Payment Method on the Subscription Billing Date indicated on the “Subscribe” page of the App. The length of your billing cycle and consequently your Subscription Billing Date will depend on the subscription frequency you choose when you activate the Subscription Service. In some cases, your Subscription Billing Date may change, for example, if your Payment Method is not successfully charged upon the first attempt. You can view your next two upcoming payment dates on the “Subscribe” page of the App. If payment is not successfully made due to expiration of your Payment Method, insufficient funds, or otherwise, and you do not cancel your User Account, we will withhold from shipping products to you until we have successfully charged a valid Payment Method. You may view, edit, and delete your Payment Methods on the “Payments & Credits” page of the App. We reserve the right to change the Subscription Service or adjust corresponding pricing in any manner and at any time as we may determine in our sole discretion following notice to you.
B. Skip: You may put your Subscription Service on hold for one (1) or more product shipments (each, a “Skip”). During a Skip, you will have access to any special deals we provide Users, but you will not receive product shipments, access Subscription benefits such as free shipping, or owe Subscription Fees. We will provide notice before your Subscription Service reactivates in advance of your subscription’s next scheduled product shipment.
C. Cancellation: The subscription will continue unless and until you cancel or we terminate it at our discretion for any reason, including in the event of invalid Payment Method. You must cancel your subscription at least three (3) days before your next Subscription Billing Date in order to avoid billing of the next periodic Subscription Fee to your account. You may notify us that you wish to cancel the Subscription Service by contacting us on the App, emailing firstname.lastname@example.org, or calling our customer support telephone line as listed on our Service. Once you have notified us that you wish to cancel, we will not charge further Subscription Fees, and your Subscription Service will cease on your next Subscription Billing Date. Following such cancellation, any subscription orders already charged will still be shipped to you, and all subsequent scheduled product shipments will be automatically canceled.
D. Delinquent Accounts: We may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
A. Since we respect artist and content owner rights, it is Tavour’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998. (“DMCA”).
B. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify Tavour’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide Tavour with the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work that you claim has been infringed;
c. Identification of the material that is claimed to be infringing and where it is located on the Service;
d. Information reasonably sufficient to permit Tavour to contact you, such as your address, telephone number, and email address;
e. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA agent:
Attn: DMCA Notice
1904 3rd Avenue Suite 725
Seattle, WA 98101
United States of America
C. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
D. Please note that this procedure is exclusively for notifying Tavour and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Tavour’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
E. In accordance with the DMCA and other applicable law, Tavour has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Tavour may also, at its sole discretion, limit access to the Service and/or terminate the User Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
A. THE SERVICE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAVOUR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TAVOUR, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
B. FURTHER, TAVOUR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TAVOUR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
C. FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
D. Any and all pricing, delivery, or contract information is subject to final confirmation by Tavour. Your reliance on such information provided solely through the service is at your own risk.
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAVOUR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL TAVOUR BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAVOUR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TAVOUR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TAVOUR HEREUNDER OR $100.00, WHICHEVER IS GREATER.
C. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TAVOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
D. California Residents: You further acknowledge and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
E. Indemnification: You agree to defend, indemnify, and hold harmless Tavour and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including, without limitation, attorneys’ fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule, or regulation; (e) any content that is submitted via your User Account including, without limitation, misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
A. You agree that: (a) the Service shall be deemed solely based in California; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
A. User Content: Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
B. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Tavour has the right (but not the obligation) in its sole discretion to monitor or remove any User Content that is shared via the Service.
C. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Tavour a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and Tavour’s (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
D. For purpose of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
E. In connection with your User Content, you affirm, represent, and warrant the following:
a. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
b. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
c. Your User Content and Tavour’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including, without limitation, any Intellectual Property Rights and privacy rights.
d. Tavour may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
e. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
F. Tavour takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Tavour shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
G. Our Proprietary Rights: Except for User Content, you acknowledge and agree that all information to which you have access via the Service, trademarks, service marks, the Service, all materials therein or transferred thereby, and all Intellectual Property Rights related thereto (collectively, the “Information”) are the exclusive property of Tavour and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Information. Use of the Information for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Tavour under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tavour does not waive any rights to use similar or related ideas previously known to Tavour, or developed by its employees, or obtained from sources other than you.
B. App from Apple App Store: The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Tavour, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Tavour as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, without limitation: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Tavour as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s Intellectual Property Rights, Tavour, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Tavour acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
C. App from Google Play Store: The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that the Agreement is between you and Tavour only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;(c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Tavour, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Tavour’s Google-Sourced Software.
A. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tavour without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Tavour in connection with the Service, shall constitute the entire agreement between you and Tavour concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
C. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tavour’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
D. Confidentiality: You acknowledge and agree that when using the Service, you may be exposed to confidential information (“Confidential Information”). Confidential Information includes our proprietary data, business plans, business, financial, technical, operational and such other nonpublic information that we designate as proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that all Confidential Information shall remain Tavour’s property and you shall not disclose Confidential Information to any third-party. Further, upon termination of your use of the Service, you acknowledge that all Confidential Property must be returned to Tavour or destroyed.
E. ADA Compliance: Tavour is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA. If you experience any difficulty in accessing any part of this website, please feel free to contact us at email@example.com We will work with you to provide the information you seek through an alternate communication method or one that is accessible for you consistent with applicable law.
F. Locations: We control and operate the Service from our offices in Seattle, WA. We do not represent that the Service is appropriate or available in other locations. Those who access the Service from other locations do so on their own initiative and are responsible for compliance with all applicable laws, including, without limitation, import and export regulations.
G. Export: Software available in connection with the Service is further subject to United States export controls. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.
H. Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TAVOUR. For any dispute with Tavour, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Tavour has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Tavour agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for experts and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Tavour from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
I. Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TAVOUR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Contact: Please contact us at email@example.com with any questions regarding this Agreement.
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